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Betts & Associates is committed to providing each of our clients with top quality legal representation and achieving successful outcomes for their cases. We specialize in representing individuals and businesses in all areas of complex civil litigation matters. Our firm provides legal services with skill, strength, and integrity to residents all over the state of Georgia.

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Articles Posted inBusiness Litigation

What legal options do I have in Georgia when a person or business has been using my name, trade dress, brand, trademark, or logo for a long period of time without my knowledge? This is a question that we often hear from our business clients.

In Georgia, the equitable doctrine of laches can be applied to bar claims for relief that the plaintiff has delayed brining or that fall outside of the applicable statute of limitations period. With respect to trademark infringement and unfair competition claims, however, neither the Lanham Act nor its state law counterpart found in the Uniform Deceptive Trade Practices Act (UDTPA) contain specified limitations periods from which to judge which statute of limitations applies: the two-year statute of limitations period applied by Georgia courts to fill in statute of limitations where the legislature did not provide one (like in employment discrimination claims for relief) found in O.C.G.A. § 9-3-22; or the four-year statute of limitations governing injuries to personalty found in O.C.G.A. § 9-3-31. Another confusing aspect of claims for relief from infringement or unfair competition concern the legal theory to apply to determine when to begin measuring delay in some cases. Fortunately, there are some Georgia cases that shed light on both of these concerns.

The 11th Circuit first grappled with the issue of laches when a trademark owner has not learned of the infringement until after the statute of limitations has run on a claim for damages in 1997 when it decided Kason Industries, Inc. v. Component Hardware Corp., 120 F.3d 1199, 1203 (11th Cir.1997). In that case, the court borrowed from the closest analogous state law and held that the four-year period applicable to similar causes of action under Georgia’s UDTPA governs the inquiry in Lanham Act cases. Kason, at 1206.

What can I do when my business relationship with another goes sour through no fault of my own? This is a question that many of our clients ask us.

Fortunately, there are at least two actionable tort claims available in Georgia for a plaintiff who has been injured by wrongful interference with a business relationship: tortious interference with contractual rights and tortious interference with business relations.

These two distinct yet related torts require a plaintiff to show four common elements: that the defendant (1) acted improperly and without privilege, (2) acted purposefully and with malice with the intent to injure, (3) induced a third party or parties not to enter into or continue a business relationship with the plaintiff; and (4) for which the plaintiff suffered some financial injury. Chaney v. Harrison & Lynam, LLC, 308 Ga. App. 808, (2011); Gordon Document Products, Inc. v. Service Technologies, Inc., 308 Ga. App. 445 (2011). In Georgia, without privilege means that the defendant must be a stranger to the contract and the underlying business in order to be liable. See Carey Station Village Home Owners Ass’n, Inc. v. Carey Station Village, Inc., 268 Ga. App. 461 (2004) (homeowners association not stranger to contract between developer and certain purchasers of subdivision lots).

A “trademark” functions as an identifier of goods or services, while a “trade name” primarily identifies the owner or operator of a business and may also be used to identify the goods handled by such owner. Stuart Enterprises Int’l, Inc. v. Peykan, Inc., 252 Ga. App. 231 (2001).

A person may acquire a trade name through long and extensive use of the name or through registering a business with the Georgia Secretary of State. However, if a person fails to register a trade name previously acquired, he will not be deprived of using the trade name if someone else does register the name. Giant Mart Corp. v. Giant Discount Foods, Inc., 247 Ga. 775 (1981); Pearl Optical, Inc. v. Pearle Optical of Ga., Inc., 218 Ga. 701 (1963).

There are numerous sources of protection for someone else using your trade name in the course of business. The Uniform Deceptive Trade Practices Act (discussed in a previous post) is one of them. Other forms of protection come from Georgia common law.

What To Do If Someone Steals Your Business Invention or Idea: How Can I Protect My Business Trade Secrets In Georgia? This is a question clients oftentimes ask us.

While many business lawsuits involve disputes between businesses against businesses, there are also actions for which individuals can bring against other persons or businesses in Georgia. Today’s post will discuss how to recover under The Georgia Trade Secrets Act upon someone misappropriating or stealing your trade secret for his or her improper gain.